Search Warrants/Production Orders/S&S Flashcards
You have entered a house under section 8. You may search in:
The basement workshop.
Under section 15 of the Search and Surveillance Act 2012, a constable may enter and search a place without warrant to avoid loss of evidential material relating to certain offences. The certain offence must carry:
A term of imprisonment of 14 years or more.
What is the maximum duration of time that an authorisation for a road block granted under section 30 is better for without when you by a District Court Judge?
24 hours.
John, is a well known criminal, threatens to punch Jim in the head with a knuckle duster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because…
You have RGTS John has committed an offence against 202A(4) (a) of the Crimes Act 1961.
Billy strikes Mike over the head with a hammer then runs to his car with a hammer and drives off. A short time later you locate Billy driving the car and stop the car under section 121 to search Billy and the car for the hammer. As you attempt to speak to him, Billy leaps out of the car and sprints off. Can you search the car for the hammer?
No, because Billy running away you have no RGTB that the hammer will be CADD.
If you have RGTB that a person may hinder you when you are securing a place to be searched, section 116 allows you to exclude the person from the place you’re searching and:
Give that person any reasonable direction.
Jonny bashed his partner Jill with a cricket bat in the front yard. Jill is badly injured and is taken to hospital. Neighbouring witnesses tell you Jonny left in the car taking the bat with him. They say no one else is inside the house. You now have RGTS an offence punishable by imprisonment for 14 years or more has occurred and RGTB that that the bat is in Jonny‘s car. Should you enter the house without warrant to search for evidential material?
No because neither section 15 and section 14 apply in the circumstances.
You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPod and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under section 118 (powers of detention incidental to powers to search places and vehicles). Can you search the woman and her flatmates under section 119 (powers of search by person who has power of arrest)
Yes, as section 119 permits a search of anyone found at that place where you have RGTB the evidential material will be found.
Pursuant to Search and Surveillance Act 2012 you are searching a prisoner incidental to arrest. In his possession you find a cell phone that you have established is stolen. When bailed an hour later he asks for the cell phone back. What should you do?
Charge him in relation to the cell phone and retain possession of the property.
You may search a person without warrant for a controlled drug if you have:
RGTS an offence has occurred and RGTB they are in possession of a controlled drug.
You are in the car park of the shopping mall when you hear a woman crying out that her handbag has been snatched. She tells you the offender ran off and got circumstances you would use section 8 to enter the van to:
Arrest the offender.
With respect to a Victims property that may be held as evidence Police are obliged to:
Discuss the evidential requirement with a victim and ensure the property is returned as soon as practicable after it is no longer needed.
Tim commits a robbery at a local dairy and steals $100 in cash. As he runs off he drops $40 on the footpath. A witness tells you she saw Donna pick up the money. You locate Donna a short distance away but she denies picking up the money. Can you search Donna under section 16?
No, because the evidential material is not related to an offence punishable by 14 years or more.
While on patrol you see a man waiting at a taxi rank who matches comms description of one of two men who robbed a shop assistant one hour ago. The men are reported to have stolen two iPhones. Which power of search is most appropriate in the circumstances?
Section 16 warrantless search of a person for evidential material relating to certain offences.
On the S&S Act 2012 which of the following could be an example of privileged information?
Patient records kept by a GP or psychologist.
